M/S BELLISS INDIA LIMITED 18, COMMUNITY CENTRE, EAST OF KAILASH, NEW DELHI Vs. SHRI RAM CHAND GUPTA (DEAD) THROUGH HIS LRS AND OTHERS

JUDGEMENT

(1.) The tenant is in revision against the orders of the Courts below by which he has been ordered to vacate the demised premises on the ground of non-payment of arrears of rent.

(2.) The landlord filed petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short 'the Act') against the tenant/petitioner in respect of their industrial shed at 14/5 Mathura Road, Faridabad (for short 'demised premises') which was initially let out on 1.6.1983 and is presently on rent @ Rs. 20,400/- per month excluding water charges, electricity charges and house tax. The eviction was sought on the ground of non-payment of rent without sufficient cause w. e. f. of 1.6.2002 to 31.3.2003 @ Rs. 2,04,000/- excluding water and electricity charges to each landlord, total amounting to Rs. 6,12,000/.

(3.) In reply, the relationship of landlord and tenant was not denied but it was claimed that the tenant has also spent a sum of Rs. 1,06,719.11 Paisa upto the month of February, 2003 in installation of a tube-well, construction of service road connecting the factory to the main road and for repair and paint of all the three sheds. The tenant had claimed that the Rent Controller may determine the rent after setting off the amount of Rs. 1,06,719.11 paisa together with interest accrued thereon after which the said amount shall be paid.